A DUI charge can be a terrifying experience. In an instant, you’re face-to-face with massive fines and the possibility of losing your license. You could even be sentenced to jail time. The ripple effects can threaten your employment and your ability to fulfill family responsibilities. It’s imperative that you reach out to a DUI defense lawyer the moment you’re charged. An experienced lawyer can help you understand the potential penalties that apply in Harrisburg, PA.

We’ll examine all of the different penalties that the law allows judges to impose. There are several factors to consider, as no two DUI charges are the same. We’ll explain the differences and help you determine the best course of action for you.

Ask a DUI Defense Lawyer: What Are the Penalties for a DUI Conviction in Harrisburg, PA? 

Two Variables to Consider

To determine precisely which penalties you face if you are convicted of a DUI, we need to examine section 3802, part of title 75 of the Pennsylvania criminal code. This section was most recently modified by Act 24 in 2003, an act that established the current penalties for DUI offenses. Section 3802 defines the crime of a DUI and establishes several tiers of offenses based on two key variables.

Those variables are the driver’s degree of impairment and the number of DUI offenses the driver has committed. First-time offenders are treated differently from repeat offenders. Likewise, a higher degree of impairment will lead to larger fines and penalties.

Level of Impairment

Harrisburg, PA adheres to the same section 3802, as state law determines DUI offenses. This section defines three different levels or degrees of impairment. General impairment is the lowest level, followed by “high” impairment. The final range is severe impairment. To determine how impaired you are, police will use the breath-alcohol content (BAC) as determined by a Breathalyzer test. The test may be administered on site or at a police station.

If you refuse a test, you will automatically be charged with severe impairment penalties. So, how do the penalties differ based on the level of impairment? Let’s compare the three levels to see how they increase penalties.

General Impairment 

General impairment is defined as any BAC up to 0.099%. While the legal definition for DUI starts at 0.08%, bear in mind that a lower BAC could still result in a DUI charge if the officer observed dangerous or reckless driving behavior and deemed it the result of your impairment. A general impairment charge comes with a $300 fine and mandatory alcohol highway safety school. You may also face probation or treatment for alcohol abuse.

All impairment charges are classified as misdemeanors regardless of the degree of impairment. Felony DUI charges are assessed when someone is injured or killed due to your impairment.

High Impairment

High impairment is classified as having a BAC anywhere between 0.10% and 0.159%. Like general impairment charges, you’ll be sent to alcohol highway safety school and pay a fine of at least $500, although the judge now has the freedom to assess a much larger fine of $5,000, even for first-time offenders. A license suspension is standard at this level, with 12 months being the usual amount of time.

While probation is a possibility with general impairment cases, high impairment will include jail time. There is a minimum of 48 hours in prison, enough to send a message to any driver. The judge does have the authority to sentence you for up to six months, however.

Severe Impairment

Severe impairment is anything above the aforementioned levels, that is to say that if your BAC is 0.16% or higher, you’ll be assessed penalties at this level. As we mentioned, if you refuse to take a BAC test, you’ll also be placed in this category by default. Severe impairment is also charged if you were under the influence of a controlled substance besides alcohol. Driving under the influence of medication or illegal drugs can qualify for severe impairment penalties.  

The penalties are fairly similar to those of high impairment. There’s an automatic 12-month license suspension and minimum of 72 hours of jail time. The minimum fine increases to $1,000, although the maximum remains at $5,000 for first-time offenders. So, how do penalties change for repeat offenders?

Second Offenses

Repeat offenders are treated much more harshly by PA law. The main idea behind the law in PA is to combine rehabilitation and punitive measures. That’s why first-time offenses, even at the highest levels of impairment, typically result in minimal jail time and lower fines. But once you’ve committed your second offense, several new penalties apply. Prison time is a guarantee: at least five days for general impairment. A second offense with severe impairment could lead to 5 years.

Another requirement for all second offenses is to install an ignition interlock on your vehicle. This is a device that measures your BAC before starting the engine and enabling the car. You are able to ask the court for an exemption for specific purposes, such as driving a company vehicle. Fines are also much larger for second offenses. They can range up to $10,000 in the case of a second severe impairment charge.

Third Offenses

When you have two or more prior DUI offenses, penalties increase significantly. Jail time will likely double, as the law calls for much higher minimums. Fines for general impairment start at $500 and can reach $5,000. High impairment costs at least $1,500 while severe impairment will start at $2,500.

Regardless of whether it’s your first or your third offense, you may have noticed that there can be quite a lot of variance from one sentence to the next. The law gives judges leeway to decide how much to fine you or how much time you should spend in jail. An experienced DUI defense lawyer can help to convince the judge to stay on the lower end of those ranges.

DUI Charges for Minors

When a minor (under the legal drinking age) is charged with a DUI, the rules change considerably. First of all, the BAC limit drops to 0.02%, which can be reached with a single alcoholic beverage. A license suspension is likely and can range from 12-18 months. Jail time is also common, with a 48-hour to 6-month range. The minimum fine is $500 and the maximum is $10,000.

Given the severity of the penalties imposed on minors, it’s especially important for underage drivers to seek counsel from a DUI defense lawyer. Police often unfairly charge minors due to the assumption that they were drinking.

Why a DUI Defense Lawyer Matters

The best way to avoid the penalties of a DUI is to avoid a conviction. An experienced lawyer will work to sway the jury in your favor and look for extenuating circumstances that can lessen your culpability. Even when you are convicted, the strength of your case will greatly affect the final sentence. The more support you have, the less likely you are to face large fines and prison time.

If you have been charged with a DUI, act now. Call Jameson Stone Law Firm in Harrisburg, PA and schedule an appointment to meet with an experienced DUI defense attorney. We’ll fight to help you avoid the worst consequences of a DUI charge.